Construction

Only a time-tested team can help you anticipate and manage risks in complex construction projects. We offer comprehensive legal services, from high-stakes negotiations to project counseling to handling disputed claims in court and arbitration. We use our experience to help clients succeed in complicated and expensive energy, infrastructure, industrial and commercial projects around the world.

Alston & Bird’s construction lawyers provide a broad range of services to public and private construction owners, contractors, subcontractors, design professionals, construction managers and suppliers in connection with the planning, financing, development, design and construction of the most complex public and private projects throughout the United States and overseas.

Alston & Bird also provides counseling on financially troubled projects and helps clients formulate strategies to resolve or mitigate those problems in the best interests of both the client and the overall project.

When project disputes cannot be resolved, Alston & Bird’s construction lawyers have significant construction claims experience and have prosecuted and defended cases involving hundreds of millions of dollars in damages in state and federal courts, federal boards of contract appeals and construction arbitration proceedings throughout the United States and abroad. Moreover, Alston & Bird lawyers are trial attorneys who, without hesitation, will aggressively pursue the client’s case in the event that a satisfactory resolution of the dispute cannot be achieved short of trial.

Alston & Bird also provides a full range of services applicable to public contracting, including bid protests, compliance and audit reviews, and counseling relating to false claims, contract termination and debarment proceedings.

Experience

Led by its three senior partners, each of whom has 30-plus years of experience in the construction industry, Alston & Bird’s lawyers have decades of experience devoted solely to representing clients in the construction industry. Based upon that experience, Alston & Bird’s lawyers have a thorough understanding of the construction business and the construction process and apply that experience to help clients achieve their objectives in a result-oriented, timely and cost-effective manner.

Moreover, having represented clients in connection with numerous “troubled projects,” Alston & Bird has developed a substantial library of “lessons learned” that can be proactively applied to help clients avoid similar problems. This substantial “troubled project” experience also means that Alston & Bird’s lawyers can effectively and efficiently analyze and formulate strategy for virtually any legal issue that could conceivably arise on a construction project.

Accolades

The lawyers in the Construction Group are some of the most respected practitioners in the field and are acknowledged by U.S. News-Best Law Firms as the 2019 “Law Firm of the Year,” Chambers USA: America’s Leading Lawyers for Business, The Best Lawyers in America, The International Who’s Who of Construction Lawyers, The International Who’s Who of Business Lawyers, and Southern California Super Lawyers magazine.

Lawyers in the group have also held key leadership positions in some of the nation’s most prominent professional organizations and industry associations, including as past members of the Governing Committee, a past chair of the Contract Documents Division and a current member of the Steering Committee for the Design Division of the American Bar Association’s Forum on Construction Law; three past presidents and founding members of the Construction Law Section of the Atlanta Bar Association; a member of the board of directors and the current and past legal committee chairs of the Construction Management Association of America, Southern California Section; and a current chair of the Legal Affairs committee of the National Capital Chapter of the CMAA.

Bringing Value to Our Clients

Alston & Bird lawyers understand the business of construction—they understand how money is made and how money is lost. They also understand the particular challenges that parties to a construction project face and what can go wrong when a particular challenge is not managed properly. This practical understanding means that the client will receive counsel from lawyers who can immediately help them find the appropriate solution to a particular issue. In addition, given the breadth of experience of our lawyers, it is also unlikely that there is a legal issue affecting the construction business that they have not dealt with before.

Represented a developer in all aspects of the acquisition, procurement, financing and construction of a $5 million finance/design/build/own/operate/transfer (FDBOOT) state government office building in Cherokee County, Georgia.

Represented a developer in all aspects of the acquisition, procurement, financing and construction of a $ 5million FDBOOT government office building in Walton County, Georgia.

Represented a developer in all aspects of the acquisition, procurement, financing and construction of a $5 million FDBOOT state government office building in Douglas County, Georgia .

Represented a developer in development, construction and financing of a $200 million 201 megawatt wind farm in Minnesota.

Represented sponsors in all aspects of bridge financing and the negotiation of a $650 million subconcession to operate existing facilities and to design, build and operate the expanded facilities relating to the expansion of the El Dorado International Airport in Bogotá, Colombia.

Represented a developer in all aspects of the acquisition, procurement, financing and construction of a $5 million FDBOOT state government office building in Randolph County, Georgia.

Represented a prospective bidder in all aspects of the analysis, comment and due diligence for a proposed $3.2 billion concession and bid package for the second tranche of roads in Mexico to be privatized under the FARAC II program.

Represented a developer in connection with the bidding for solid waste facilities, including privatization of municipal solid waste systems in the northeastern United States.

Represented a developer in all aspects of a $6 million acquisition, procurement, financing and construction of a FDBOOT correctional facility in Brantley County, Georgia.

Represented a developer in all aspects of acquisition, procurement, financing and construction of a FDBOOT state government office building in Pulaski County, Georgia.

Represented a developer in all aspects of acquisition, procurement, financing and construction of a FDBOOT state government office building in Gordon County, Georgia.

Represented a developer in the negotiation of a DBFO and operate contract relating to a $26 million water desalination project in San Juan Capistrano, California.

Represented an engineer/procure/construct (EPC) contractor in all aspects of the negotiation, procurement and project execution of a $40 million FDBOOT privatized wastewater treatment facility that produces marketable byproduct.

Represented an EPC contractor in all aspects of the negotiation, procurement and project execution of a $50 million FDBOOT privatized wastewater treatment facility located in Hawaii that produces marketable byproduct.

Represented an EPC contractor in all aspects of the negotiation, procurement and project execution of a $37 million FDBOOT privatized wastewater treatment facility in Florida that produces marketable byproduct.

Drafted construction contract documents and legal specifications for the City of Fresno Airport Authority in the Central Valley of California.

Provided project counseling to a client in connection with construction of the Charlotte light rail system.

Provided project counseling to a civil subcontractor in connection with issues and claims arising from the Los Angeles Metro Expo Phase I light rail project.

Drafted and negotiated supply agreements on behalf of a steel contractor with various steel fabricators relating to several road and bridge projects.

Represented a construction manager in the negotiation of an agreement for the demolition and replacement of Terminal A at Boston’s Logan Airport.

Represented a construction manager in the negotiation of agreements for the construction of air cargo distribution facilities for Lan Chile at Miami International Airport, Lufthansa at JFK International Airport in New York and DHL at Cincinnati/Northern Kentucky International Airport.

Construction Claims

Represented a joint-venture general contractor in connection with the prosecution of $85 million in claims arising from the construction of a 4.5 mile segment of Seattle’s light rail system. After an eight-week arbitration, the client was awarded more than $66 million in damages.

Represented a California municipality in connection with the defense of $16 million in defective design, extra work, delay and disruption claims asserted by a general contractor arising from the construction of a new airport terminal.

Represented a national transportation company in arbitration concerning change orders and unforeseen site conditions on a transportation hub in Richmond, Virginia.

Represented a bridge contractor in connection with claims arising out of the seismic retrofit of the Coronado Bridge in San Diego.

Represented a civil contractor in the prosecution of claims arising from construction of a counterfort retaining wall as part of a larger highway project.

Prosecuted claims on behalf of a general contractor relating to the construction of a 4.5 mile pedestrian/bike path constructed over a former railroad right of way.

Represented a national electrical contractor in connection with claims arising out of the installation of the Los Angeles “Smart Traffic” electronic traffic control system.

Following legislative enactment of competitive bidding requirements, drafted a public water agency’s procurement policies and procedures for the competitive bidding of construction contracts and solicitation of professional services. Drafted standard design, professional services and construction procurement and contract documents for the water agency’s capital improvement program.

Represented a DBFO contractor/operator in connection with the negotiation of public/private partnership agreement relating to the design and construction of a $26 million desalination plant in San Juan Capistrano, California.

Represented a design-build equipment manufacturer and contractor in negotiations with venture partners and municipal owners for design/build/own/operate contracts of wastewater treatment facilities in Chicago, Tampa, Sacramento and Honolulu.

Drafted contract documents for a DBFO contractor for water and wastewater projects constructed in Alabama and Mississippi.

Represented an Austrian company in the negotiation of design/build/own/operate/transfer (DBOOT) contracts and related agreements for privatized wastewater treatment facilities in California, Florida, Hawaii and Illinois.

Drafted construction-related contracts and provided project counseling to a national environmental contractor in connection with the construction of a groundwater treatment facility in California’s Inland Empire.

Provide ongoing project counseling to a Southern California general engineering contractor in connection with numerous underground water projects.

Construction Claims

In a federal court jury trial, successfully defended a contractor against claims in excess of $100 million brought by a utility company arising from failure of steel penstock that was part of a pumped water storage power generation project located in central California.

Represented a California city in the defense of claims relating to the construction of a 16 million mgd wastewater treatment facility and a 32 mgd wastewater treatment facility.

Represented an electric power provider in arbitration of a $4 million claim arising from construction of a 110 mgd drinking water production facility.

Represented a project owner in connection with the defense of claims arising out of the construction of a desalinization facility in San Juan Capistrano, California.

Represented a contractor in claims arising out of the construction of water treatment facilities located in Atlanta, Cartersville and Dalton, Georgia.

Represented a contractor in claims arising out of the renovation and expansion of water treatment facilities in Charlotte and Birmingham.

Represented a contractor in litigation and mediation involving the addition of a fluidized bed incinerator to a wastewater treatment plant in Georgia.

Represented an environmental insurer in claims arising from the collapse of clarifier walls at a wastewater treatment plant in Tennessee.

Represented a general engineering contractor against allegations of defective construction relating to the installation of a 3,000 foot storm water line at the California State University campus

Representative Energy & EPC Matters

Counseling

Currently representing a German contractor with the negotiation of an EPC contract for a $210 million construction project in Mexico.

Represented a UK-based energy company in the negotiation and execution of an EPC contract to build one of the largest biogas production facilities in the United States. When completed in 2015, the facility will convert municipal and agricultural waste to commercial-grade synthetic natural gas that will be injected directly into an interstate gas pipeline for distribution throughout the state and neighboring states.

Represented a China-based power company in the development of integrated gasification combined cycle (IGCC) power plants in China, including license and service agreements with Western providers.

Represented a London-based owner in the negotiation of multiple EPC and other contracts for a $400 million tunneling and hydroelectric power project in the Peruvian Andes.

Represented a part-owner in the negotiation of EPC and related agreements for the $12 billion addition of two reactors to a nuclear power facility in Georgia.

Represented an independent power producer in the negotiation of an alliance agreement and EPC agreement for the $1.2 billion addition of air quality control systems to three coal-fired electric power stations in Maryland.

Represented a developer in the negotiation of design and construction agreements for the conversion of a coal-fired electric power plant to biomass.

Represented an owner/developer of merchant electric plants in negotiations with EPC contractor for $180 million gas-fired facility.

Represented a Fortune 100 industrial company in negotiating EPC contracts for facilities and facility improvements throughout the United States.

Represented the owner in negotiating an EPC contract for a $90 million electric power plant in Georgia.

Represented the owner in negotiations with an EPC contractor for $120 million electric power plant in Florida.

Represented an independent power producer in negotiating an EPC contract for gypsum extraction facilities at power plants.

Represented an EPC contractor in the negotiation of FDBOOT agreements for municipal wastewater treatment facilities in Illinois, Florida, Hawaii and California.

Represented Georgia- and Texas-based electric power producers in the negotiation of EPC contracts for power generation facilities.

Represented a national power supplier in drafting an EPC contract for construction of a power plant in California.

Represented a U.S. owner in the negotiation of EPC agreements for two manufacturing facilities in China.

Represented an owner in negotiations with an EPC contractor for an $80 million simple-cycle, gas-fired, electric power plant.

Represented a utility in parallel negotiations with three contractors for an EPC contract for two combined-cycle electric power generation facilities.

Represented an Australian manufacturer in negotiating EPC contracts for facilities in Indiana, Oklahoma, and Trinidad and Tobago.

On behalf of an owner, prepared EPC contract documents for an acetylene pipeline project in Houston.

Provided seminars to an international energy company’s project managers in the United States, Europe and Asia on the subject “Troubled Projects.”

Provided seminars to construction companies and law firms in China on the subject “International EPC Contracts for Large Energy and Infrastructure Projects.”

Provided seminars at national conventions and conferences of power industry professionals on the subject “Project Risk Mitigation in EPC Contracts for Power Projects.”

Represented an international contractor in the successful negotiation of a $13 million additive change to an EPC contract for the modernization of a hydroelectric, pumped storage, generating facility.

Represented an EPC contractor regarding suspensions of work and slowdowns on several electric power plant projects throughout the United States.

Obtained an order dismissing a $968 million lawsuit against an owner of a nuclear power project filed by the design/build contractor in federal court in the District of Columbia. The case is proceeding in federal court for the Southern District of Georgia, which is the client’s chosen venue.

Obtained a dismissal with prejudice of all claims asserted by a U.S. contractor relating to an electric power project in Colombia by successfully arguing that the U.S. court had no jurisdiction and that the contractor’s claims for payment, fraud, RICO violations and misappropriations of trade secrets were completely without merit.

Represented an owner in federal court litigation with an EPC contractor over the cost of installing wet scrubbers in three power plants in Maryland.

Represented a U.S. energy company in multijurisdictional litigation involving $40 million in delay and defect claims on an electric power plant project in Massachusetts.

Represented the design/build contractor in connection with the prosecution of $21 million in claims arising out of the construction of a natural gas compression plant in Dubai.

Defended an EPC contractor against $20 million in claims for contract balance and scope changes on two combined-cycle power plants in Los Angeles.

Represented a German EPC contractor in International Chamber of Commerce arbitration involving $35 million in claims on a chemical process plant in Trinidad and Tobago.

Drafted construction-related contract documents (design professional, contractor and construction manager agreements) for an ENR Top 10 owner with manufacturing facilities throughout the United States, Europe and Asia.

Provided a “Claims Mitigation” seminar to an ENR Top 10 owner’s project management staff responsible for managing construction projects in the United States, Europe and Asia.

Represented the project owner in a negotiation of a completion contract and prosecution of claims following the default of a design-builder on three food warehouse construction contracts totaling over $250 million.

Drafted the design/build contract documents relating to a $25 million manufacturing plant expansion in Connecticut.

Drafted construction contract documents relating to the $28 million expansion of a cement plant in Lucerne, California, and provided project counseling to the owner in response to the contractor’s claims.

Represented a Chicago-based development company in the negotiation of fixed sum and cost-plus contracts for the construction, on a design-build basis, of distribution and manufacturing facilities located throughout the United States.

Drafted the contract relating to the procurement, engineering, environmental remediation and demolition of a sulfur prilling facility in Long Beach, California.

Drafted the design/build agreement for the construction of a $3 million sulfur prilling facility in Mount Vernon, Washington.

Represented a general contractor in negotiations for a $40 million pulp wood processing facility in Tennessee.

Represented the owner in negotiations with the engineer and project manager for an $80 million mineral sands processing plant in Virginia.

Represented the owner in the negotiation for construction of an iron ore reduction facility in Lafayette, Louisiana.

Represented design-build contractor in preparing its tender documents for the design and construction of a nitric acid plant in Aqaba, Jordan, in response to a solicitation for tender offers under the Fédération Internationale Des Ingénieurs-Conseils (FIDIC) Conditions of Contract for Design-Build and Turnkey.

Represented a lender in connection with the development of a pectin processing plant in Ireland.

Construction Claims

Represented an oil company in connection with the defense of a contractor’s $66 million claim arising from the construction of a major oil processing facility in Santa Ynez, California. After a three-month jury trial, the contractor recovered less than half of the amount claimed.

Represented an oil company in connection with the defense of $6 million extra work, delay and impact claims asserted by a general contractor in connection with a “Clean Fuels” refinery upgrade project in Torrance, California.

Represented an industrial owner in mediation and litigation concerning $4.5 million in design and construction defects on woodyard projects in Mississippi and Alabama.

Represented a metal building manufacturer in litigation in Georgia and Texas involving $3 million in alleged delays and defects in design and fabrication of metal buildings.

Represented a design-build contractor in a lawsuit brought by the owner of a Maryland printing plant seeking damages for the alleged defective design and construction of an emissions control system designed to remove volatile organic compounds from the plant’s air stream emissions.

Represented the prime demolition contractor in the prosecution and defense of claims against subcontractors for the demolition of oil tank farms throughout California. Representation involved a 15-day arbitration of disputes with the oil recovery subcontractor.

Prosecuted claims in excess of $9 million on behalf of an electrical subcontractor against the general contractor and project owner arising out of the construction of a cement manufacturing facility in Lucerne Valley, California.

Engaged by a hospital in Atlanta to draft and negotiate a contract for a $60 million expansion of a hospital trauma wing and adjacent office space.

Represented an ENR Top 25 construction company in an eight-figure dispute over the design and construction of a $650 million medical facility.

Represented the Fulton-DeKalb Hospital Authority in connection with a $300 million project to renovate and expand Grady Hospital in Atlanta, including the drafting and negotiation of multiple prime contracts.

Represented a major construction company in connection with construction contracts for office, industrial and commercial projects, including hospitals and related health care facilities located throughout Florida, Georgia, Tennessee, North Carolina and Virginia.

Represented general contractor in negotiations of contract for $95 million research facility at St. Jude’s Hospital in Memphis.

Represented a national construction company in connection with the threatened termination for default, demands upon the contractor’s surety and takeover of the construction of a major hospital expansion project in Los Angeles.

Counseled a national electrical contractor in connection with construction of two VA Hospitals in Detroit, Michigan, and Hampton, Virginia.

Represented the former operator a of major university hospital system in litigation arising from its lease and occupancy of a building used for ophthalmology inpatient and outpatient services as well as medical office functions.

Construction Claims

Represented a general contractor in litigation to recover $11 million in damages for delay and interference incurred during renovations and additions to a hospital in Kentucky.

Represented a national electrical contractor in prosecuting $12 million in claims arising out of the construction of a VA Hospital in Detroit.

Represented a hospital authority in litigation and mediation involving a multimillion dollar claim by one of several prime contractors on a $300 million renovation and expansion of a large urban hospital in Atlanta.

Represented a contractor on the contract and claims arising out of the construction of additions to Emory University Hospital and Piedmont Hospital in Atlanta and the Children's Medical Center on the campus of the Medical College of Georgia in Augusta.

Represented a contractor in connection with $6 million in claims on a hospital construction project in South Carolina.

Represented a construction manager in disputes involving delays and extra work regarding construction of a $50 million state-of-the-art medical facility in Augusta, Georgia.

Represented a construction management firm in connection with litigation arising out of the construction of the UCLA Medical Center in Los Angeles.

Representative Sports Venue Matters

Construction Counseling

Represented the construction manager in the negotiation of an agreement for the construction of Philips Arena in Atlanta, a multiuse sports arena that serves as home of the Atlanta Hawks basketball team and, formerly, the Atlanta Thrashers hockey team.

Represented the construction manager in the negotiation of the agreement for the construction of the Georgia Dome in Atlanta, a domed football stadium and home of the Atlanta Falcons. At the time it was constructed, the Georgia Dome was the largest domed stadium in the world.

Represented the construction manager in the negotiation of the agreement for the construction of Olympic Stadium, a $200 million stadium that hosted the opening and closing ceremonies and track and field events for the 1996 Olympic Games, located in Atlanta, and its subsequent conversion to Turner Field, a baseball stadium and home of the Atlanta Braves.

Represented the construction manager in the negotiation of the agreement for the construction of the new NFL stadium in Houston.

Represented the owner in the drafting and negotiation of contracts for the design and construction of the Robert C. Fowler Sports Arena at the University of the South in Sewanee, Tennessee.

Represented the construction manager and joint venture partners in negotiation of contract for the $40 million addition to Tiger Stadium at Louisiana State University.

Represented a steel erection contractor in connection with the negotiation of contracts relating to the construction of Petco Park in San Diego. Provided project counseling that focused on meeting schedule deadlines while preserving claims against steel fabricator for misfabrication of project steel.

Construction Claims

Represented a structural steel erector in asserting claims against a steel fabricator for misfabrication of steel relating to the construction of the San Diego Padres’ Petco Park. The client was awarded 90 percent of damages and attorneys’ fees after a 21-day arbitration proceeding, causing the fabricator to pay the remaining outstanding claim without negotiation or further litigation.

Represented a steel erector on claims arising out of the construction of Marlins Park in Miami.

Represented a general contractor against the Los Angeles Dodgers in connection with claims arising out of the modernization of Dodger Stadium.

Represented a general contractor against the University of California in connection with claims arising out of the construction of an intramural sports complex in San Diego.

Representative University, College & School Construction Matters

Construction Counseling

Represented a foundation in the construction of a research and technology park at Auburn University.

Represented the general contractor in the development of research centers, laboratories and bioengineering/biosciences facilities at Emory University, Clark Atlanta University, Georgia Institute of Technology and Georgia State University.

Represented a client through contract negotiations for the construction of married housing units for Georgia State University.

Represented architects in negotiating the design agreement with Cornell University for the College of Architecture, Art, and Planning’s Milstein Hall.

Represented George Washington University in developing its construction contract forms and procedures for capital and development projects.

Represented Emory University in connection with its library expansion.

Represented nursing schools at Emory University and Georgia Southern University.

Counseled a client with respect to construction of student centers at the University of Florida and the University of South Florida.

Advised client regarding the development of medical centers at Emory University and the Medical College of Georgia.

Provided counseling relating to the construction of The Jack S. Blanton Museum of Art on the campus of the University of Texas at Austin.

Construction Claims

Represented the general contractor in the construction of additions to football and basketball stadiums at the University of Georgia, the University of Arkansas, Louisiana State University, the University of South Carolina, Clemson University, the University of Nevada, the University of Mississippi and Georgia Institute of Technology.

Represented the general contractor in the development of the Children's Medical Center on the campus of the Medical College of Georgia in Augusta.

Represented a contractor in connection with claims against Clemson University arising out of construction and expansion of Littlejohn Coliseum.

Counseled client on claims arising out of the construction of a biology laboratory for Clark Atlanta University.

Represented a leading U.S. research university in a seven-party multijurisdictional litigation involving $20 million in design and construction defects and related claims.

Represented the general contractor in connection with claims arising out of the construction of a $40 million intramural complex at the University of California, San Diego.

In separate matters, successfully resolved several “termination for default” and associated damage claims asserted by California school districts against construction management firms.

Achieved a defense award on behalf of the Los Angeles Unified School District (LAUSD) in connection with a two-week arbitration of a contractor's delay and disruption claim arising from the construction of a middle school.

Represented LAUSD in connection with a lengthy dispute with a general contractor, numerous sureties, a large financial institution and various construction trade unions involving approximately 30 construction contracts and over $10 million in total claims related to numerous district projects, resulting in a favorable global settlement.

Represented a major research university in Atlanta in multijurisdictional seven-party litigation involving water intrusion and other defects in new multibuilding residential campus.

Represented LAUSD in connection with a $5 million delay and disruption claim asserted by a general contractor and an electrical contractor on a pass-through basis related to the construction of a primary center, resulting in a favorable settlement.

Represented LAUSD in connection with a $2 million claim for additional compensation related to alleged additional services asserted by a project architect in connection with the construction of an elementary school, resulting in a favorable settlement.

Represented LAUSD in connection with a multimillion dollar additional compensation claim asserted by a contractor and surety in connection with the construction of a middle school, resulting in a favorable settlement.

Represented a major research university in Atlanta in a dispute with an architect relating to a new performing arts center.

Successfully represented a low-bid, prime steel fabrication/erection contractor in the defense of a bid protest relating to the award of a $30 million contract for the construction of Los Angeles Convention Center.

Represented a bidder following an agency’s rejection of a proposer’s good faith outreach efforts in connection with a proposal for a $35 million design, build, operate, maintain and finance project to make beneficial use of waste gas from a municipal wastewater treatment plant.

Successfully protested an award in connection with the construction of a $62 million detention center facility.

Represented an unsuccessful bidder in a bid protest over a major toll road project in Georgia.

Represented a bidder in a protest arising from the award of a contract for installation of a 60’’ water trunk line project.

Represented a low bidder in defense of a protest relating to compliance with the California Subletting and Subcontracting Fair Practices Act.

Represented a supplier of diesel bus engines in connection with the protest of an award of a contract for replacement engines for a municipal bus fleet.

Represented a general contractor in a protest to an airport authority for the soundproofing of area residences and successfully secured an award in favor of the second-lowest bidder because the lowest bidder had gained an unfair advantage by, among other things, submitting a nonresponsive bid that did not list specialty subcontractors as required.

Represented the prime contractor in connection with a bid protest relating to a Veterans Affairs Hospital seismic retrofit project in Long Beach, California.

Represented a disappointed bidder in a protest of a contract for sewer construction procured by a major metropolitan city.

Construction Counseling

Represented the state agency responsible for overseeing construction and maintenance of court facilities throughout California.

Following legislative enactment of competitive bidding requirements, drafted a public agency’s procurement policies and procedures for the competitive bidding of construction contracts and solicitation of professional services. Drafted standard design, professional services and construction procurement and contract documents for the water agency’s capital improvement program.

Represented numerous clients in connection with the prosecution of bid protests relating to a variety of Los Angeles city and county construction projects.

Represented a London-based owner in the negotiation of multiple EPC and other contracts for a $400 million tunneling and hydroelectric power project in the Peruvian Andes.

Represented a prime steel fabrication/erection contractor in connection with negotiation and drafting of a construction contract relating to the construction of the Puerto Rico Convention Center and later counseled the client in connection with a dispute over design responsibility that arose during construction.

Counseled a contractor on project-related issues during construction of the $8.5 million Coastal Interceptor Relief Sewer project in Los Angeles. Also counseled the client on strategy to convince a public agency to issue a $5 million change order in lieu of requiring the extra work to be bid out.

Represented the trustee for the lenders in surety bond and breach of contract claims involving multiple military family housing development projects located across the southeastern United States.

Construction Claims

Representing two build-to-paint manufacturers of nuclear facility equipment in claims for design defects and delays against a Department of Energy M&O contractor.

Represented a contractor in disputes involving the construction of a $100 million convention center on Hutchinson Island, Georgia.

Represented a contractor in delay and constructive acceleration claims asserted by mechanical and security subcontractors on a prison constructed for the Georgia Department of Corrections.

Represented an electrical contractor in connection with $2.8 million in claims against the California Department of Corrections arising out of the construction of a prison in Northern California.

Represented a prime contractor in prosecuting $1.3 million in claims against Solano Beach arising from a grade separation/sewer relocation project.

Represented an underground contractor in connection with the prosecution of claims arising out of a four-mile sewer project located in Mission Bay in San Diego.

Represented a prime electrical contractor in connection with claims arising out of the construction of Los Angeles’ “smart traffic” management system.

Represented a contractor on a multimillion-dollar claim arising out of the construction of a forensic laboratory for the Army Corps of Engineers.

Represented a water valve manufacturer in the defense of False Claims Act claims asserted by approximately 100 municipalities alleging that the client’s products failed to meet specified requirements relating to lead content in the valves. This case also involved claims against the client’s liability insurer for defense and indemnity. The firm was able to obtain a summary judgment order from the court that found that the insurer owed the client both a duty to defend and an indemnity obligation under the applicable insurance policies.

Represented a prime contractor in prosecuting claims against the Army Corps of Engineers relating to the construction of a satellite launch facility at Edwards Air Force Base in California.

Prosecuted a claim against the U.S. General Services Administration arising out of construction at a federal courthouse.

Representing a California water agency in connection with a lawsuit relating to unauthorized payments made to a contractor.

Representative Hospitality Projects

Construction Counseling

Represented a Fortune 500 resort developer in the negotiation of design and construction agreements for a $180 million resort in Hawaii.

Represented a Top Five hotel developer in the negotiation of a construction management agreement and multiple trade contractor agreements for a $400 million St. Regis Bal Harbour multiuse project in South Florida.

Represented a leading hotel development company in the negotiation of design agreements for resorts in Hawaii and California.

Represented a Fortune 500 hotel company in the renegotiation and amendment of construction agreements to establish new completion dates following the 2008 economic downturn.

Represented a hotel developer in the negotiation of design and construction agreements for multiple hotels in Atlanta and Memphis. Represented a major international hotel developer in the negotiation of construction agreements for resort hotels in Colorado and Arizona.

Represented one of the world’s largest hotel companies in revising its form design and construction documents for use in their nationwide construction program.

Represented a contractor in the negotiation and drafting of a contract for the construction of an expansion to the Venetian, a major hotel/gambling renovation project in Las Vegas.

Represented a hotel owner in the drafting and negotiation of development agreements for the design and construction of extended stay hotels throughout the United States.

Represented a hotel owner in the drafting and negotiation of a contract for a multimillion-dollar renovation of a hotel resort in Aruba.

Prepared engineer/procure/construct agreements for additions to, and replacement of, mechanical and electrical systems at multiple hotels in the United States.

Construction Claims

Represented steel fabrication subcontractor in claims arising out of delays and disruptions to the fabrication and erection of structural steel on the Baha Mar resort development in the Bahamas.

Represented large multinational hotel company in a breach of contract dispute with a general contractor engaged to renovate six hotels in California.

Represented a contractor in connection with extra work, delay and disruption claims arising out the construction of a luxury hotel in Santa Monica, California. Obtained a successful settlement of the client’s claims in the midst of the (then) longest arbitration proceeding in the history of the American Arbitration Association.

Represented a general contractor in an action arising from a hotel modernization and expansion project to recover an $800,000 contract balance, extras and prompt payment penalties. Recovered the entire amount sought, including attorneys’ fees.

Represented a hotel developer and operator in the defense of a $10 million claim filed by its general contractor on two related hotel projects.

Represented a Fortune 500 hotel developer in litigation in the U.S. Virgin Islands arising from delays and defects in the construction of a luxury resort hotel.

Represented a Top Five hotel developer in litigation in Florida arising from the construction of a resort hotel in the Caribbean.

Represented a hotel developer in multiparty litigation in federal court arising from delays and defects in the construction of a hotel in Atlanta.

Represented a hotel developer in multiparty litigation in Georgia state court arising out of a contractor’s default and abandonment of a hotel project and the resulting delays, incomplete work, lien claims and surety claims.

Represented a general contractor against claims that renovations made to a luxury resort hotel in San Diego County failed to meet Americans with Disabilities Act requirements.

Represented an owner regarding contracts for the construction of a 40-acre mixed-use complex adjacent to a mass transit station in Atlanta.

Represented the Georgia Aquarium in connection with the construction of the world’s largest aquarium.

Represented a general contractor and its joint venture members in the negotiation of the contract for the construction of 191 Peachtree Street Tower, a 50-story office tower located in downtown Atlanta.

Represented a general contractor in the negotiation of a contract for the construction of Bank of America Plaza, a 55-story office tower in Midtown Atlanta, the tallest building in the U.S. outside New York and Chicago.

Represented a pension fund regarding the construction of various office towers around the United States.

Represented a construction manager in the negotiation of the construction management agreement for the Sam Nunn Atlanta Federal Center, a GSA-owned and -developed $200 million design-build office and retail project in downtown Atlanta.

Represented a major high-rise residential REIT in design and construction contract negotiations for a certified historic rehabilitation project in Washington, D.C.

Represented the owner in the drafting and negotiation of a $30 million development agreement for an office complex in Northern Virginia.

Represented retail developers in the negotiation of design and construction contracts for a $500 million mixed-use project in San Jose, California, a $140 million mixed-use redevelopment project in Ontario, California, and a $100 million mixed-use complex in Arlington, Virginia.

Represented an insurance company in negotiations with contractors, designers and design-builders for multiple expansions to its corporate headquarters campus.

Prepared standard form and construction-related agreements for a major telecommunications company regarding the expansion of its cellular telephone network.

Represented a major entertainment company in connection with the construction of world headquarters in Burbank, California.

Construction Claims

Representing national fast food chain in connection with its national construction issues.

Represented a specialty chemical manufacturer defending against a claim alleging defective road paving material. Successfully moved to transfer the case from Nebraska federal district court and had certain claims dismissed.

Represented the owner/lender in litigation involving $14 million in design and construction defects in an office tower in Minneapolis.

Represented a national retailer in extensive claims and litigation arising out of projects in 15 different states.

Represented a developer in the arbitration of a $2 million defective work claim on a regional shopping center in Pennsylvania.

Represented a major construction company in the defense of a delay and constructive acceleration claim on a high-rise office tower in Atlanta.

Represented a major shopping center developer regarding $3 million in claims arising out of the termination of a general contractor on a project in Rockville, Maryland.

Represented a shopping center developer in defending a delay claim brought by a general contractor on a shopping center project in Cherry Hill, New Jersey.

Represented a national electrical contractor in connection with the assertion of approximately $9 million in claims relating to the construction of a 53-story high-rise office building in downtown Los Angeles.

Represented a curtainwall contractor in connection with claims arising out of the construction of a commercial office building in downtown Los Angeles.

Represented a construction products manufacturer in claims arising out of the renovation of a regional mall in Georgia.

Represented a steel erection contractor against claims of alleged defective welding associated with a number of office building projects constructed in Southern California. These claims arose following the 1994 Northridge earthquake.

Represented an owner with respect to contracts for the construction of a 40-acre mixed-use complex adjacent to a mass transit station in Atlanta, Georgia.

Represented a developer in the negotiation and drafting of design-build construction contracts for multifamily housing projects located in North Carolina, Alabama and Colorado.

Representing several Southern California developers in the negotiation and drafting of design and construction contracts for several multifamily housing and multiuse projects located in California.

Represented a residential developer in the negotiation of design and construction agreements for a high-rise condominium in the Buckhead area in Atlanta.

Represented a Los Angeles-based developer in the drafting of all construction related contract documents relating to the construction of a $140 million mixed-use redevelopment project in Ontario, California, and provided ongoing project counseling to the client throughout the construction of this project.

Provided project counseling to a developer on the construction of a 66 unit affordable housing project in Los Angeles, California.

Provided project closeout counseling to a national developer of a 105 unit condominium conversion project in Beverly Hills, California.

Represented a developer in the negotiation of a design-build agreement for a high-rise condominium project in Midtown Atlanta.

Represented a developer in the negotiation of construction management contracts for three multiuse projects in or near downtown Atlanta, combining retail, condominium and townhouse components.

Construction Claims

Representing a worldwide manufacturer of residential and commercial construction materials in several multimillion-dollar product liability lawsuits in which the plaintiffs claim a water intrusion allegedly resulted from the client’s products.

Represented a contractor in a $5 million litigation and mediation arising from alleged defects in EIFS cladding on a multifamily housing project.

Represented an owner of assisted living facilities in arbitration proceedings arising from design and construction defects in four facilities in North Carolina and South Carolina.

Represented a major research university in Atlanta in a seven-party litigation pending in both state and federal courts involving widespread water intrusion and other design and construction defects in a new multi-building residential campus.

Represented the developer of a Beverly Hills condominium complex in connection with claims of defective construction.

Represented an owner in litigation in a state court in Georgia arising from water intrusion, mold and related defects in a multifamily development.

Represented a national retailer in disputes over defective design work on a shopping center facility in New York.

Successfully represented a developer against a co-developer in arbitration proceedings relating to disputes arising out of the development agreement and the co-developer’s obligations to contribute to the construction costs of the infrastructure (roads, water, sewer, etc.) of a 2,400 unit single-family, residential development in Ventura County, California.

Represented a developer in litigation over cost overruns, delays and lien claims arising out of the construction of a multifamily project in Atlanta.

Represented a national supplier of plumbing products against claims asserted by a condominium association and property owners in Nevada and Hawaii that the client’s products were defective and must be replaced.

Represented a developer in litigation with the homeowners association, the architect and the contractor relating to cost overruns and defects in a high-rise condominium project in Atlanta.

Highlights

Press ReleaseApril 30, 2020

Top Women Attorneys in Los Angeles: Courtney Wright, Jessica Sharron

Courtney Wright, partner in Alston & Bird’s Real Estate Finance & Investment Group, and Jessica Sharron, partner in the firm’s Construction & Government Contracts Group, have been named among the “2020 Top Women Attorneys in Los Angeles” by the Los Angeles Business Journal.

Press ReleaseNovember 1, 2018

Alston & Bird Named 2019 Construction Law Firm of the Year

The firm was named “Law Firm of the Year” in Construction Law by U.S. News-Best Lawyers®.

Press ReleaseMay 7, 2018

Construction Team Ranked in Chambers USA 2018

The Construction team has been ranked in Georgia and California in Chambers USA 2018.